Debt lawsuit: Defense - notice of assignment

This question deals specifically with a debt collection lawsuit. Tomorrow morning I go before the court because i am trying to get my case dismissed. My argument will be that according to Florida Statute 559.715 - a debt collector MUST give notice of assignment within 30 days from the date it was assigned the rights to collect the debt. The debt collector attached both a bill of sale and a copy of the notice of assignment to the complaint. The notice of assignment was not mailed until 41 days after the debt collector was assigned the rights to the debt. So it was eleven days late. Blogs say that courts are to enforce the statute strictly. Is this true? Do I have a good chance in winning tomorrow. What arguments could the other side say? Thanks

West Palm Beach, FL -

Attorney Answers (2)

Jeffrey B. Lampert

Jeffrey B. Lampert

Bankruptcy Attorney - West Palm Beach, FL
Answered

If you don't mind, please let me know how it turns out. My office is in WPB and I have preached Section 559.715 Florida Statutes as an affirmative defense, but since most cases typically settle it has never been the crux of a decision. The problem with 559.715 is that there is no sanction to be imposed if there is a violation. 559.72 violations are specifically referred to in 559.77, which deals with civil remedies. 559.77 makes no reference whatsoever to 559.715.

I do not read 559.715 the way you do. The statute says notice must be provided as soon as possible after the assignment but in no event less than 30 days prior to suit to collect the debt. Your question does not mention the date the law suit was filed.

So, since I practice in your area, I would very much like to know the outcome and who your judge was.

I hope you found this response to be of assistance. This response shall not be considered the rendering of... more
Alan D. Walton

Alan D. Walton

Bankruptcy Attorney - Birch Run, MI
Answered

You should ask the court to adjourn your hearing so you can hire counsel. Then do so.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.